USCA11 Case: 19-14868 Date Filed: 12/09/2020 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 19-14868
Non-Argument Calendar
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D.C. Docket No. 8:18-cv-02996-MSS,
Bkcy. No. 8:17-bk-03597-MGW
In re: NIHAN FINANCIAL, LLC,
Debtor.
______________________________________________________________
CHITTRANJAN THAKKAR,
Plaintiff-Appellant,
versus
GOOD GATEWAY, LLC,
SEG GATEWAY, LLC,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Florida
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(December 9, 2020)
USCA11 Case: 19-14868 Date Filed: 12/09/2020 Page: 2 of 3
Before WILLIAM PRYOR, Chief Judge, JORDAN and GRANT, Circuit Judges.
PER CURIAM:
Chittranjan Thakkar, a member of the debtor, appeals pro se the dismissal of
his appeal from the approval of a settlement agreement by the bankruptcy court.
Thakkar argues that the district court erred in determining that he lacked standing
as a “person aggrieved” to appeal the order approving the settlement agreement
because he owned equity in the debtor entity. He also argues that the bankruptcy
court abused its discretion and denied him due process by denying his request for a
continuance to obtain new counsel after his former counsel withdrew and that the
bankruptcy court erred in approving the settlement agreement. We affirm.
“To have standing, a plaintiff must show: (1) he has suffered an injury in fact
that is (a) concrete and particularized and (b) actual or imminent, not conjectural or
hypothetical; (2) the injury is fairly traceable to conduct of the defendant; and (3) it
is likely, not just merely speculative, that the injury will be redressed by a
favorable decision.” Kelly v. Harris,
331 F.3d 817, 819-20 (11th Cir. 2003). The
injury requirement “serves to distinguish a person with a direct stake in the
outcome of a litigation—even though small—from a person with a mere interest in
the problem.” Arcia v. Fla. Sec’y of State,
772 F.3d 1335, 1340 (11th Cir. 2014).
To determine whether a person has standing to appeal an order of a bankruptcy
court, we apply the “person aggrieved” standard. Atkinson v. Ernie Haire Ford,
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USCA11 Case: 19-14868 Date Filed: 12/09/2020 Page: 3 of 3
Inc. (In re Ernie Haire Ford, Inc.),
764 F.3d 1321, 1325 (11th Cir. 2014), cert.
denied,
136 S. Ct. 104 (2015). Under that standard, a person has standing to appeal
only when he is “directly, adversely, and pecuniarily affect[ed] by a bankruptcy
court’s order.” Id.; see also Fisher Island Ltd. v. Solby+Westbrae Partners (In re
Fisher Island Investments, Inc.),
778 F.3d 1172, 1195-96 (11th Cir. 2015). A party
is not “aggrieved” when the bankruptcy court’s order causes only indirect harm to
the party’s asserted interest. See In re Ernie Haire Ford, Inc., 764 F.3d at 1326
(holding that former creditor was not a “person aggrieved” because he was merely
an adversary defendant with an interest in avoiding liability to the estate).
The district court did not err when it dismissed Thakkar’s appeal. Thakkar
lacks standing because he was not aggrieved by approval of the settlement
agreement. He was not a party to the settlement agreement, and so it did not
compromise or affect his rights or liabilities. The approval of the agreement only
indirectly affected his pecuniary interest in the debtor, if at all. See, e.g., In re AFY,
Inc.,
733 F.3d 791, 793 (8th Cir. 2013) (holding that shareholders of debtor were
not persons aggrieved entitled to appeal denials of objections to claims). And
because Thakkar lacks standing to appeal, we need not address his other
arguments.
AFFIRMED.
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